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(영문) 대구지방법원 서부지원 2021.01.13 2020가단4892
청구이의
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Defendant, on May 29, 2019, filed a lawsuit against the Plaintiff claiming the price for goods, such as automobile flusium, supplied pursuant to the self-transaction agreement, and received a decision of performance recommendation with the Daegu District Court Branch Decision 2019 Ghana 332083 on December 9, 2019, and the said decision of performance recommendation became final and conclusive on December 31, 2019.

【Unfounded grounds for recognition】 Facts without dispute, entry of Gap evidence No. 1, significant facts in this court, and purport of the whole pleadings

2. Determination on the cause of the claim

A. Although the gist of the Plaintiff’s assertion was that the Plaintiff received goods from the Defendant on May 29, 2019 in accordance with the self-transaction agreement, the Plaintiff’s obligation to pay for the goods was extinguished by offsetting, etc. by returning all defects in the relevant goods on June 7, 2019.

B. The fact that the goods had already occurred due to a set-off, etc. shall bear the burden of proof against the claimant. However, the circumstance alleged by the plaintiff and the evidence submitted by him alone are insufficient to recognize that the goods supplied by the defendant were defective or that the goods were extinguished by a set-off without compensation against the defendant, and there is no other evidence to acknowledge this otherwise.

Therefore, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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